History

These measures are promulgated according to Item 1 of Article 51
in the Employment Service Act (herein as the Act).

The payment of the employment security fund and the execution of all
functions of income and expenditure, investment and management of the
Employment Security Fund (hereafter as the Fund), shall be carried out in
accordance with these Measures, unless otherwise regulated by other
provisions.

This Fund is a special fund stipulated under the Incise 2, Item 1 of
Article 4 of the Budget Law, as to plan for the budget of the subsidiary
units, then the employment fund for the visually challenged is established,
with the sub-budget of the budget established for the belonging units, the
competent authority of the aforementioned units is the Council of Labor
Affairs of the Executive Yuan (hereafter as the Council of Labor Affairs)

Resources of the Fund originate from the following:
1. Income of the employment security fees.
2. Income accrued from interest of this Fund.
3. Other related incomes.

The scope of investment of the Fund is defined by the following:
1. To reinforce the implementation of the vocational training and provide
all the relevant employment service information.
2. To reinforce the implementation of the employment security and the
employment promotion, among other relevant issues.
3. To process all the issues related to the business creation loans.
4. To process unemployment assistance and unemployment insurance planning,
among other issues.
5. To process the rewards and allowances granted to the employers who
willingly promote employment security and other issues.
6. To process all issues related to the improvement of the welfare for
workers.
7. To process all the related issues on the hiring and management of foreign
persons.
8. To process all the issues related to the skill tests and approval and
employment selections.
9. To assist the city and county (city) government to process all the issues
related to the management of the national employment promotion, vocational
training and foreign persons working in the territories of the Republic of
China.
10. The management and expenditures of the administration.
11. All other related expenditures.
When the city and county (city) government applies for the budget assistance
stipulated in the aforementioned Item 9, the competent authority shall
coordinate and make budgets for such application for funds.
The regulations of the budget assistance aforementioned in Item 9, Article
1, shall be regulated in other provisions of the competent authority.

The management and investment of this Fund, shall take
profitability, security into consideration, it shall also be deposited and
regulated by the National Treasury Law and all other relevant regulations
and provisions.

According to the needs of its operation, this Fund may purchase
government bonds, national treasury bonds or other shot-term stocks and
bonds.

This Fund shall set up an Employment Security Fund Management
Committee (hereinafter as this Committee), it shall install 19 to 29 committee
members, with a term of 2 years; among them, one will be the chairperson,
worked at side and assigned by the Council of Labor Affairs; other posts
will be contracted by the Council of Labor Affairs, they are the following:
1. One representative from the Secretariat of the Executive Yuan.
2. Two representatives from the Council of Labor Affairs.
3 . One representative from the Ministry of Finance.
4. One representative from the Ministry of Economic Affairs.
5. One representative from the Directorate-General of Budget, Accounting and
Statistics of the Executive Yuan.
6. One representative from the Economic Development Commission of the
Executive Yuan.
7. Three representatives from the city or county (city) government.
8. Two to five representatives from the workers groups.
9. Two to five representatives from the employers groups.
10. Four to eight experts and scholars.

This Committee’s tasks are the following:
1. Supervision and revision of the amount of the employment security fund.
2. Supervision and revision of the income and expenditure, management and
investment of this Fund.
3. Supervision and revision of the yearly budget and final accounting balances
of this Fund.
4. Auditing of the investment execution of this Fund.
5. All other related issues.

This Fund shall install an executive secretary, assigned by the
Council of Labor Affairs as a side job, under the commands of the chairperson,
to execute all the decided motions and daily issues; all the necessary
staff, the Council of Labor Affairs will assign the present staff in the
vocational training offices of the Council; when deemed necessary, shall
hire eight to fifteen persons.

This Committee shall meet once every three months, convened by
the chairman. Ad hoc meetings shall be held when necessary. When the
chairman cannot preside the meeting, he/she shall assign a member to
substitute him/her to convene a meeting.
The decisions made in the meeting, must be agreed by the half of the present
members.
When a meeting is convened, when deemed necessary, a representative shall be
sent from the city or county (city) government.

Starting from the following day after the arrival of the foreign
employee, the employer shall pay the fees to this Fund, calculated according
to the category of employment, number of workers, and the monthly fees
published by the Council of Labor Affairs, taking two months as a term, duly
paid in twenty-five days prior to the first month of the next payment; the
employer can also take over two months as a term, no interest charged, to
pay in advance. When the following day of the foreign worker’s arrival
until the end of that month, those who do not complete a month, the employer
shall calculate the fees according to the proportion of the actual working
days to pay the fees.
When the employed foreign worker leave the job before the last day of the
month, his/her employment security fee shall be calculated according to the
regulations stipulated in the Item 1.

The employment security fees paid by the employer, if exceeding the
regulated amount, can be reimbursed after the presentation of the
documentation proving the foreign person’s entry and exit of the country or
other certifying documents to the competent authority.

The planning, execution and the decision related to the budgeting
of this Fund, shall be regulated by the Budget Law, Accounting Law, Final
Calculation Law, Statistics Law and all other regulations and provisions.

Conduct of the accounting affairs of this Fund shall in
accordance to its own accounting system.

Should there be excesses from the yearly budget of this Fund,
they shall be processed by the circulating budget procedure to become the fund
or processed as the distribution of the excesses.

When this Fund is terminated, a final balance shall be provided,
and all the resting benefits shall be turned over to the National Treasury.

These measures shall take effect on the day of promulgation.